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Tukwila's Contractor will provide temporary highway lighting as necessary during <br />construction. <br />6.9 Environmental Site Conditions. In the event that the Contractor in performing the Civil <br />Infrastructure work discovers any materials that require special removal, treatment, <br />handling, transport and /or disposal under any local, state or federal laws or regulations <br />(including, but not limited to hazardous materials, hazardous waste, dangerous waste, toxic <br />waste or contaminated soil or groundwater), the costs for removal, treatment, handling, <br />transporting and disposal of such materials shall not be part of the Civil Infrastructure <br />Costs, and shall be the responsibility of Tukwila. Any costs related to removal, treatment, <br />handling, transport and /or disposal of hazardous materials, hazardous waste, dangerous <br />waste, toxic waste or contaminated soil or groundwater existing outside of the actual neat <br />line excavation of the Civil Infrastructure as depicted in the approved plans for such work <br />shall not be part of the Civil Infrastructure Costs and shall be the responsibility of Tukwila. <br />However, City Light and Tukwila shall retain all rights they may have under applicable <br />state and federal laws to recover costs that either may incur related to the existence of such <br />hazardous materials, hazardous, dangerous, or toxic wastes, or contaminated soil or <br />groundwater from any and all parties that may be responsible for such materials, wastes, <br />or contamination discovered or uncovered during construction of the Civil Infrastructure. <br />Section 7. Financial <br />71. Allocation of Proiect Cost: <br />7.1.1. City of Tukwila shall pay for 100% of the Primary Project Cost, 100% of the <br />excavation and restoration costs, as well as 40% of the SCL Underground Electrical <br />System project costs. <br />7.1.2. SCL shall reimburse the City of Tukwila for 60% of the Civil Infrastructure and <br />SCL Underground Electrical System project costs. SCL shall have no responsibility <br />for Primary Project Costs or excavation or restoration costs. <br />7.1.3. SCL will pay 100% SCL Project Management Costs, Tukwila will pay 100% <br />Tukwila Project Management Costs <br />7.1.4. Private property owners will be responsible for providing the underground Private <br />Property Infrastructure, subject to review and approval by SCL, that is needed to <br />provide electrical service from the public right of way to the designated service <br />point on the private property, and all costs related to installing and maintaining such <br />Private Property Infrastructure. <br />7.1.5. The City of Tukwila will be responsible for providing the necessary funding for <br />their portion of all project costs. SCL's portion of the costs will be provided <br />through its bi- annual budgeting process for capital projects as authorized by the <br />Seattle City Council, and funding subject to approval by ordinance of the Seattle <br />City Council. <br />City of Tukwila - 42 °d Ave S Phase III Undergrounding Agreement <br />Page 14 of 17 51 <br />FINAL <br />